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AG-67T0-S-14-0028 2014 Black Hills Tree Spraying Black Hills Nat. Forest Schedule of Items

Line Item 1: Tree Spraying approximately 4.300 trees.

2.0 ** Option Year One (1)

3.0 ** Option Year two (2)

Total of Base & Opt. Yr. 1&2

** Item No. 2 and Item No. 3 are considered Option Items under this contract. The Government has the right at the time of award to award option years in whole or in part.

COMPLETE AND RETURN

DUNNS #

United States Department of Agriculture

Non Discrimination Statement

The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means of communication of program information (Braille, large print, audiotape, ect.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C 20250-9410, or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.

SECTION C-1 GENERAL CONDITIONS AND REQUIREMENTS

1.1 Scope of Work

The contractor shall provide any and all labor, equipment, supplies, services, permits, insurance, and licenses required to spray a minimum of 300 trees and a maximum of 4,300 trees to treat for mountain pine beetle (Dendroctonus ponderosae) on the Black Hills National Forests. The trees that are to be sprayed are ponderosa pine (Pinus ponderosa). The contractor must be registered with the Department of Labor under the Migrant and Seasonal Workers Protection Act. This statement of work consists of completing tasks/subtasks in Section 4 & 5 with the performance requirements in Section 6.

1.2.1 Contract Type

The Forest Service anticipates award of a firm fixed price contract as described in the specifications.

C.1.2.2 Period of Performance The contract will be awarded for the base year. Pricing for the two option years must be submitted with your response to this solicitation. The Forest Service can unilaterally exercise the options prior to the expiration of the contract. The base period, and each subsequent option period is for a one-year period, however the annual period of performance will be specified in task orders but generally will be from April 1 to May 31. Unless otherwise specified spraying must be completed before the bark beetle brood completes their development and adult beetles emerge (usually after mid-July). Ideally, trees in campgrounds will be sprayed prior to the campground opening for the summer.

C.1.2.3 Qualifications.

The Contractor and all applicators involved with this contract shall have a current valid Commercial applicators Licenses issued by the South Dakota Department of Agriculture with a specific endorsement of #3 Forest Pest Control. A copy of such certification and Licensing must accompany the contractors initial bid package. This license shall be in the possession of all applicators at all times during the application of pesticides on National Forest lands. The contractor shall provide all expertise, labor, supervision, services, equipment, tools, supplies, permits, licenses, insurance, transportation and incidentals necessary to perform spraying of conifers for which the desired outcome is in strict accordance with the standards specified in this performance work statement. Contractor is required to follow the state and chemical label requirements for applying, storing, mixing, transporting, clean-up, and disposal of pesticides. All safety procedures and equipment will comply with chemical label requirements and local, state and federal laws.

The government assumes no liability or responsibility for the performance of these services.

1.3 Location Description

The campgrounds/recreation areas are located on the Mystic, and Hell Canyon Ranger Districts of the Black Hills National Forests. The work sites and access to the areas will be given on project maps as exhibit “A” attached to this solicitation.

1.4 Accessibility

All spray sites can be accessed with 2-wheel drive vehicles off of paved highways, public graveled roads, or National Forest System Roads (NFSR). Contractor shall be required to keep the spray vehicle on established roads unless approved in advance by the Contracting Officers Representative (COR). All designated trees will be within 300 feet of an established road unless otherwise designated.

1.5 Boundaries

Trees inside campgrounds, recreation administrative boundaries, and other locations will be tagged and painted. A tag and spot of paint will be located on the bole of each spray tree for quick and easy visual recognition by the spray contractor.

1.6 Designated Trees and Tallying

The actual number of trees to be sprayed under the option years will depend on what funding becomes available for the project and the number of trees that can be sprayed within the timeframe allotted.

Trees to be treated will be designated by spot of White paint at breast height on the road face of the trees bole.

Unless otherwise directed by the COR the contractor shall mark sprayed trees to delineate treated trees. Using contractor provided paint the contractor shall paint a dot of tree marking paint at the base of trees that have been satisfactorily covered with insecticide. The paint type (tree marking) and color shall be agreed upon prior to the start of spray operations. A daily diary will be used to document satisfactorily sprayed trees and will be signed by a government representative and contractor representative to show concurrence on tree count. The daily diary tallies will be the official tree count used for payment for satisfactorily sprayed trees.

1.7 Notice to Proceed

The Government will issue a “Notice to Proceed” as soon as weather and ground conditions are favorable for work on one or more of the areas, and all required contractor submittals have been received by the government. Contract time will start (1) on the date specified on the Notice to Proceed, if the notice is hand-delivered; or (2) contract time will start on the third day after the post office has issued a notice of certified mail to the contractor; or (3) contract time will start when tree spraying and/or other work commences, whichever is sooner. Failure of the contractor to pick up certified mail will not be considered excusable.

1.8 Superintendence by the Contractor

At all times during performance of this contract and until the work is completed and accepted, the contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to the contracting officer and has authority to act for the contractor.

SECTION 2 – DEFINITIONS

2.1 Acceptable Quality Level (AQL): The maximum allowable deviation from perfect performance that may occur before the government will invoke payment deduction. An AQL does not allow a contractor knowingly to offer defective service, but limits reduced payment to circumstances in which defective performance results in a measurable reduction in the value of services rendered.

Contract Time: The number of calendar days listed in the task order for completion of contract work.

Designated Trees: Trees to be treated with pesticide are identified by aluminum tags affixed at breast height on the bole facing the nearest road.

Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the Government to assure contract performance standards are met by the contractor.

Personnel Protective Equipment (PPE): Specific clothing and or equipment required to be used to provide for the safe preform of specific tasks. This may include but not be limited to chemical resistant jackets, gloves, and face and or eye protection as prescribed on the chemical manufactures label.

Government Inspector: A Government employee responsible for monitoring contractor performance.

Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the Performance Work Statement (PWS).

Random Sampling: A sampling method in which each service output in a unit has an equal chance of being selected.

(Acceptable) Service: A job performed to the standard and within the AQL. The contractor must do the specific job, and meet the AQL before one can say that performance has been acceptable and that he/she should be paid.

Quality Assurance: Those actions taken by the Government to assure services meet the requirements of the PWS.

Contracting Officer Representative (COR): A Government employee appointed by the contracting officer to help the contracting officer with contract administration and surveillance.

SECTION 3 – GOVERNMENT FURNISHED PROPERTY/SERVICES/ MATERIALS/ITEMS

3.1 One (1) Copy of the Forest map of the Black Hills National Forest will be provided to the contractor for use during the contract. This map is to be returned after completion of the contract. The COR, or designated inspector may take samples of the spray mix from the contractors spray tank at any time during spray operations to check mixture.

SECTION 4 – CONTRACTOR OBLIGATIONS/REQUIREMENTS

4.1 The chemical to be used shall be registered for bark beetles labeled for Forestry Use, and be properly formulated, following label directions for bark beetles. The insecticide shall be liquid concentrate (no powder). Sevin XLR Plus is the desired insecticide to be used. Deviation from Sevin XLR Plus would have to be approved by the Forest Health Entomologist. If XLR Plus is unavailable in the contractor’s area, the COR may be able to provide a list of supplier of XLR Plus. A compatible surfactant and/or drift agent shall be used to provide better adhesion to tree bark and reduce drift. The water used in the Tank mix shall be PH 6-7. Adjustment of the PH may be required. The water source shall be designated by the inspector or COR The hose on the contractor’s spray rig shall be capable of reaching at least 300 feet.

The applicator must use a hydraulic power sprayer with a minimum psi of 350. A psi of 400 or higher is preferred, if available. Hose size greater than ½ inch is recommended to reach the desired height. The spray unit must be capable of keeping the pesticide, surfactant solution under constant agitation or circulation once the products are mixed. Individual campsite amenities, i.e., fire rings, picnic tables, water faucets, grills, etc. will be covered using 4 Mil Plastic Sheeting. Plastic sheeting shall not be removed until residue is dry The contractor shall provide a crew adequate in number to perform all aspects of the spraying and resource protection in a safe and orderly manner.

4.11 On-site Representative. The contractor’s on-site representative shall be fully conversant and literate in the English language and shall be in the work area whenever work is in progress.

4.2 REQUIREMENTS GUIDELINES

4.21 All bole surfaces, including root collar and exposed roots, must be treated with insecticide. All trees shall be sprayed on all sides up to a minimum of 50 feet, or to the point where the diameter of the trunk is less than 5 inches in diameter, whichever is less. The applicator cannot choose to ignore a particular face of the tree due to a heavy component of tree branches on one or more bole faces. This means the applicator may have to reposition four or more times to ensure coverage on all bole faces. Depending on tree size, the amount of spray applied must be sufficient to soak the bark, resulting in wetting of area underneath the bark flakes. The distance from a natural water source for mixing of the chemical in the spray tank will be determined by the COR or inspector on site to prevent any chance of accidental contamination.

4.22 Special Concerns Do not apply insecticide within 75 foot of saturated ground, standing water, snow banks, streams, or lakes. Do not spray when winds are greater than 5 miles per hour. Do not spray when moisture has occurred two hours before the start or is predicted two hours after completion of spraying. Spraying will occur between April 1 and June 1 and will occur as funding permits. Spraying can begin as soon in the spring as campgrounds can be accessed unless otherwise restricted.

4.23 REQUIRED RESULTS/SPECIFIC TASKS REQUIREMENTS

Estimated trees to be sprayed at the different locations on each District may change depending on new dead or infested trees located during pre-spraying field review. It is anticipated that trees may be added to replace trees lost due to weather or bug infestations over the course of the year.

4.3 REFERENCES

Work will begin as soon as possible in 2014 and continue for two additional years as funding remains available Past experience has shown that starting early (on site by 6:00A.M.or earlier) may provide for winds less than 5 miles per hour on average, for 1 to 5 hours.

4.4 END RESULTS/DELIVERABLES

4.41 CONTRACT TIME

All work required by this contract shall start as early as weather and ground conditions permit and shall be completed prior to May 10, 2014. During the option periods work may start as early as weather and ground conditions permit and shall be completed prior to May 10, 2015 and 2016 respectively.

4.42 FS-6300-20 (Contract Daily Diary) will be filled out daily with accomplishments for the day. The diary will report total trees satisfactorily completed meeting 100% of the requirements and any trees that were required to be re-sprayed. This will also serve as a completion of task report for payment purposes.

4.43 The designated Contracting Officer Representative (COR), or Inspector will provide a contract daily diary with the total number of sprayed trees that were approved by the COR or inspector. The contractor will sign this to show agreement with count. These will be sent to the Contracting Officer (CO) weekly.

4.5 SCHEDULES

Proposed spraying schedule A day’s spraying is based on approximately 200 trees sprayed/day/crew. On a good day up to 250 or more trees can be sprayed. As bad weather or mechanical delays occur rescheduling may be necessary. Campgrounds will be completely closed during spraying operations.

4.6 PROGRESS/COMPLIANCE

4.61 Examples of Government Assessment

4.6.1.1 Coverage

Inspection will be done concurrently with spray operations in such a way as not to interfere with contract operations. Inspectors will observe each tree sprayed to ensure 100% coverage. Contract daily diaries will document the total number of satisfactorily treated trees. These will be sent to the CO at the end of each week.

SECTION 5 Performance Work Statement Tasks and Critical Subtasks

5.1 Bug Tree Spraying: The spraying of designated green pine trees in designated areas of the National Forest

5.2 Protection of Improvements: The protection of improvements from cross contamination of pesticides during application.

5. 7 Submittals

5.7.1 Licenses and Certification A Current Commercial applicators Licenses issued by the State of South Dakota with a #3 endorsement for the application of herbicides and or pesticides to a Forested environment

5.7.2 Safety Plan The contractor shall prepare and supply a contract safety plan covering the treatments being conducted under this contract. The plan will identify personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew. This plan shall be submitted to the Government at the time of the pre-work conference. Work under this contract shall not commence until the plan is provided. The contractor is responsible for following all applicable state laws, and regulations including OSHA requirements, including the use of specified PPE listed on the product labels.

5.7.3 Spill Abatement Plan As part of the Safety plan the contractor shall also include information on the state certified pesticide applicator license required training on public safety, handling pesticide spills, batching, storing, mixing, application, and personal protective equipment.

SECTION 6 PERFORMANCE REQUIREMENTS SUMMARY

6.1 The government will supply a designated contracting officer representative or a designated inspector to be available during spraying operations.

6.2 Trees will be sprayed on all sides up to a minimum of 50 feet, or to the point where the diameter of the trunk is less than 5 inches in diameter, whichever is less. Depending on the tree size, the amount of spray applied must be sufficient to soak the bark, resulting in wetting of area underneath the bark flakes.

6.3 No deviation from requirements shall be allowed; all trees will be completed 100% satisfactorily.

6.4 The COR and or Inspector will monitor the mixing and application of pesticides this my include the taking water samples to assure correct PH as well as visually inspecting each tree as it is sprayed to make sure application meets specified requirements. This has to be done during spraying as the chemical dries quickly and is very hard to detect after it dries. The COR and or inspector will also monitor resource protection measures as well as equipment clean up at the end of the day for contract compliance.

6.5 Trees not sprayed satisfactorily will be re-sprayed at contractor’s cost.

All exposed roots shall be sprayed to the point of saturation

No spraying within 75’ of water or wet ground

No spraying for two hours after precipitation or when precipitation is expected within the two hour period after treatment

Spraying shall take place when wind speeds are less than 5 MPH

All mixing of pesticides shall take place in areas designated by the inspector or COR

All rinse water and clean up water shall be applied to trees designated by the inspector or COR No pesticide shall be carried over from day to day

All mixing of Pesticide shall take place in the presence of the inspector or COR

All water used in application shall have a PH of 6-7 adjustment may be required

Contractor shall paint mark all completed and accepted trees with a predetermined paint on the butt of the tree

100 % Acceptable level of Performance

No payment will be made for less than 100% AQL

Contractor is responsible for re-inspection costs when inspections exceed two inspections per treatment area

Poor performance rating

All spray equipment shall remain on designated roads at all times unless otherwise directed by COR.

In the event contamination occurs all affected surfaces shall be washed and rinsed as directed by the inspector or COR

100 % Acceptable level of Performance

Poor performance rating

Submittals

5.7.1 South Dakota Applicators Licenses

5.7.2 Safety Plan

5.7.3 Spill Abatement Plan

All submittals are received at the time of the pre-work conference

A copy of all current South Dakota Department of Agriculture Commercial Herbicide/Pesticide applicators Licenses displaying a certification 3 endorsement

Safety Plan includes identifying personal safety equipment, a monitoring method to ensure compliance, inspection of equipment and crew transportation, employee certifications, communications, and what is done when adherence to the plan is not followed by the crew.

Spill containment and abatement plan and procedure.

100 % Acceptable level of Performance

QUALITY ASSURANCE SURVEILLANCE PLAN

For Bark Beetle Preventive Spraying

This performance based Quality Assurance Plan (QASP) was developed pursuant to the requirements of the contract performance-based Statement of Work (SOW) for the Black Hills National Forests.

This plan sets forth procedures and guidelines that the Black Hills National Forests will use in evaluating the technical performance of the contractor. A copy of this plan will be furnished to the contractor so that the contractor will be aware of the methods that the government will employ in evaluating performance on this contract and address any concerns that the contractor may have prior to initiating work.

PURPOSE OF THE QASP

The QASP is intended to accomplish the following:

1. Define the roles and responsibilities of participating government officials;

2. Define the types of work to be performed with required end results;

3. Describe the evaluation methods that will be employed by the government in assessing the contractor’s performance;

4. Provide copies of the performance assessment form that the government will use in documenting and evaluating the contractor’s performance; and

5. Describe the process of performance assessment documentation.

ROLES AND RESPONSIBILITIES OF PARTICIPATING GOVERNMENT OFFICIALS

The Contracting Officer’s Representative (COR) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the contractor. S/he will have the primary responsibility for completing “Performance Assessment Form (Daily Diary)” which s/he will use to document her/his evaluation of the contractor’s performance. It is extremely important for the COR to establish and maintain a team-oriented line of communication with the contractor’s Project Manager (PM) and office staff in order to perform his/her monitoring functions. The COR, Contracting Officer (CO), and PM must work together as a team to ensure that required work is accomplished in an efficient and proper manner. Communication among parties should be held on a regular basis in order to resolve concerns or problems. Less serious concerns should be discussed and resolved on an impromptu as-needed basis.

METHODOLOGIES TO BE USED TO ASSESS THE CONTRACTOR’S PERFORMANCE

The government, through it’s COR, will be assessing the contractor’s performance on a periodic basis or upon completion of a report. Accordingly the Black Hills National Forests will use a performance assessment review process to monitor the contractor’s performance. The contractor’s performance will be assessed by the COR in terms of the required deliverable products and related services and assessed according to two categories: “acceptable” or “unacceptable”. The criteria for each of these performance levels are outlined below. All products produced or related services performed by the contractor shall meet the level of “acceptable”.

The COR will assess each product or related service in accordance with the following definitions of contractor performance:

· Acceptable – an acceptable level of performance that meets the AQL or minimum standards of performance.

· Unacceptable – a level of performance which is not acceptable and which fails to meet the AQL or minimum standards of performance.

The COR must substantiate all tasks that s/he finds to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected from the contractor.

The COR will forward copies of all completed Performance Assessment forms (Daily Diary) to the CO and the contractor by the close of business on the week the forms are prepared.

ANALYSIS OF PERFORMANCE ASSESSMENT RESULTS

The CO will review each daily diary prepared by the COR. When appropriate, the CO may investigate the event further to determine if all the facts and circumstances surrounding the event were considered in the COR opinions outlined on the forms. The CO will immediately discuss every instance of receiving an “unacceptable” rating with the contractor to assure that any necessary corrective action is promptly initiated.

At the end of the contract, or as requested, the COR will prepare a written report for the CO summarizing the overall results of his/her assessment of the contractor’s performance during the previous months. This report will become part of the formal Performance Assessment documentation.

CONTRACT CLAUSES

Block 27 of SF1449: The full text of a clause or provision may be accessed electronically at www.arnet.gov/far.

FAR 52.212-4 Contract Terms and Conditions—Commercial Items (SEPT 2013)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g.,52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the -

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidations errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-moth period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence of amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer with the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(iv) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on -

(A) The date of which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge mad under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Central Contractor Registration (CCR).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS) or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any loss of liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the follow shall govern.

1. Any Such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g, “click-wrap” or “browse-wrap agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken form the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

ADDENDUM TO FAR 52.212-4

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.223-3 Hazardous Material Identification and Material Safety Data (JAN 1997) Alternate I (JUL 1995)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

FOREST SERVICE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

FAR 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

AGAR 452.211-72 STATEMENT OF WORK/SPECIFICATIONS (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Performance Statement of Work, Investigation plan and Quality Assurance Surveillance Plan referenced in the attachments.

FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than May 10,2016. The time stated for completion shall include final cleanup of the premises.

FAR 52.217-7 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years, 6 months.

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30, 2014. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2014, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

NOTICE TO PROCEED

A Notice to Proceed will be issued in writing by the Contracting Officer or Contracting Officer's Representative (COR). No work shall begin until receipt of this notice. Contract time shall commence on the day indicated on the Notice to Proceed.

SUPPLEMENT TO SUSPENSION OF WORK

Whenever the Contracting Officer determines that the temperature, humidity, soil moisture, plant moisture stress, winds, or combination of these and other physical conditions have become unsuitable for project to continue in any area, the Contractor shall move the work force to another area(s) prescribed by the Contracting…